Prosecutors haven't decided if they'll seek the death penalty against a man accused in the death of his girlfriend's son.

Michael Duty, 28, appeared before 347th District Judge Missy Medary Tuesday for his arraignment. He pleaded not guilty to capital murder of a person under 10 years of age and other charges related to 4-year-old Athen Pinon's death.

Police were called to a home on the 1700 block of Robin Drive in June. An officer saw the child on the floor with numerous bruises on his body, according to a probable cause statement.

The document states Pinon, having previously left the child in Duty's care, checked on the boy the night before.

"She stated that she got home and checked on the child and he was asleep in his bed, but she did not physically check on him," the document states. "She stated that the next morning at a litter after noon she went to check on him and he was cold, stiff and not breathing."

Duty, who is identified in the affidavit as the child's step-father, performed CPR and Pinon called police. Dispatchers said they received the call about 2:30 p.m., more than two hours after the woman said she found her son, the document states.

Duty hired attorney Mark Di Carlo to represent him. The Corpus Christi attorney said he's filed a motion with the court asking prosecutors to elect punishment, as experts and co-counsel will be required if the death penalty is sought.

When asked when the state could have a decision, prosecutor Michelle Putman said the district attorney's office is still awaiting autopsy results that need to be taken into consideration. They should receive this information in the next month or two, Putman said. The judge set a status hearing for the coming month.